A imputabilidade penal dos psicopatas à luz do ordenamento jurídico penal brasileiro

Abstract

This undergraduated thesis is scoped to analyse the penal imputability of criminals diagnosed as psychopaths. The work starts showing the evolution of the theory of culpability, defining its concept and focusing on one of the elements that constitutes it, the imputability. Therefore, a study is done about the figure of the psychopath, utilizing the support of psychiatry and psychology, analyzing the concept of psychopathy, it’s unique aspects and the relation existing between psychopathy and crime. It is intended to analyse the culpability capacity of psychopaths, if they should be judged imputable, semi-imputable or unimputable. It was necessary to bring examples of practical order experienced by our judicial power, to show the response given by our legal order to these individuals. Lastly, I show my critical position about the debate, as well as a analysis about the measure adopted by our magistrates due to the failure of Brazilian legislation in dealing with cases involving psychopaths.